2929.192
Forfeiture of retirement benefits on conviction.

(A) If an offender is being sentenced for any felony
offense listed in division (D) of this section that was committed on or after
May 13, 2008, if the offender committed the offense
while serving in a position of honor, trust, or profit, and if the offender, at
the time of the commission of the offense, was a member of any public
retirement system or a participant in an alternative retirement plan, in
addition to any other sanction it imposes under section
2929.14,
2929.15,
2929.16,
2929.17, or
2929.18 of the Revised Code but
subject to division (B) of this section, the court shall order the forfeiture
to the public retirement system or alternative retirement plan in which the
offender was a member or participant of the offender's right to a retirement
allowance, pension, disability benefit, or other right or benefit, other than
payment of the offender's accumulated contributions, earned by reason of the
offender's being a member of the public retirement system or alternative
retirement plan. A forfeiture ordered under this division is part of, and shall
be included in, the sentence of the offender. The court shall send a copy of
the journal entry imposing sentence on the offender to the appropriate public
retirement system or alternative retirement plan in which the offender was a
member or participant.

(B)
In any case in which a sentencing court is required to order forfeiture of an
offender's right to a retirement allowance, pension, disability benefit, or
other right or benefit under division (A) of this section, the offender may
request a hearing regarding the forfeiture by delivering to the court prior to
sentencing a written request for a hearing. If a request for a hearing is made
by the offender prior to sentencing, the court shall conduct the hearing before
sentencing. The court shall notify the offender, the prosecutor who handled the
case in which the offender was convicted of or pleaded guilty to the offense
for which the forfeiture order was imposed, and the appropriate public
retirement system, or alternative retirement plan provider, whichever is
applicable, or, if more than one is specified in the motion, the applicable
combination of these, of the hearing. A hearing scheduled under this division
shall be limited to a consideration of whether there is good cause based on
evidence presented by the offender for the forfeiture order not to be issued.
If the court determines based on evidence presented by the offender that there
is good cause for the forfeiture order not to be issued, the court shall not
issue the forfeiture order. If the offender does not request a hearing prior to
sentencing or if the court conducts a hearing but does not determine based on
evidence presented by the offender that there is good cause for the forfeiture
order not to be issued, the court shall order the forfeiture described in
division (A) of this section in accordance with that division and shall send a
copy of the journal entry imposing sentence on the offender to the appropriate
public retirement system or alternative retirement plan in which the offender
was a member or participant.

(C)
Upon receipt of a copy of the journal entry imposing sentence on an offender
under division (A) or (B) of this section that contains an order of forfeiture
of a type described in that division, the public retirement system or
alternative retirement plan in which the offender was a member or participant
shall comply with the forfeiture order on application for a refund of the
accumulated contributions of the member or participant.

(D)
Division (A) of this section applies regarding an offender who is convicted of
or pleads guilty to any of the following offenses committed on or after
May 13, 2008, that is a felony and who committed the
offense while serving in a position of honor, trust, or profit:

(1) A
violation of section
2921.02 or
2923.32 of the Revised Code or a
violation of section
2921.41 of the Revised Code that
is a felony of the third degree;

(2) A
violation of an existing or former municipal ordinance or law of this or any
other state or the United States that is substantially equivalent to any
violation listed in division (D)(1) of this section;

(3) A
conspiracy to commit, attempt to commit, or complicity in committing any
violation listed in division (D)(1) or described in division (D)(2) of this
section.

(E) For purposes of divisions (A) and (D) of this
section, a violation of section
2923.32 of the Revised Code or any
other violation or offense that includes as an element a course of conduct or
the occurrence of multiple acts is "committed on or after
May 13, 2008," if the course of conduct continues, one
or more of the multiple acts occurs, or the subject person's accountability for
the course of conduct or for one or more of the multiple acts continues, on or
after May 13, 2008.

(a) For the
period beginning May 13, 2008, and ending the day before the effective date of
this amendment, "position of honor, trust, or profit" means any of the
following:

(i) An elective office of the state or
any political subdivision of the state;

(ii) A position on any board or
commission of the state that is appointed by the governor or the attorney
general;

(iii) A position as a public official or
employee, as defined in section
102.01 of the Revised Code, who is
required to file a disclosure statement under section
102.02 of the Revised
Code;

(iv) A position as a prosecutor, as
defined in section
2935.01 of the Revised
Code;

(v) A position as a peace officer, as
defined in section
2935.01 of the Revised Code, or as
the superintendent or a trooper of the state highway
patrol.

(b) On and after
the effective date of this amendment, "position of honor, trust, or profit" has
the same meaning as in division (F)(1)(a) of this section, except that it also
includes a position in which, in the course of public employment, an employee
has control over the expenditure of public funds of one hundred thousand
dollars or more annually.

(2)
"Public retirement system" and "alternative retirement plan" have the same
meanings as in section
2907.15 of the Revised
Code.

(3)
"Accumulated contributions" means whichever of the following is applicable:

(a)
Regarding an offender who is a member of the public employees retirement
system, except as otherwise provided in division (F)(3)(a) of this section,
"accumulated contributions" has the same meaning as in section
145.01 of the Revised Code. For a
member participating in a PERS defined contribution plan, "accumulated
contributions" means the contributions made under section
145.85 of the Revised Code and any
earnings on those contributions. For a member participating in a PERS defined
contribution plan that includes definitely determinable benefits, "accumulated
contributions" means the contributions made under section
145.85 of the Revised Code, any
earnings on those contributions, and additionally any amounts paid by the
member to purchase service credits.

(b)
Regarding an offender who is or was a member of the Ohio police and fire
pension fund, "accumulated contributions" means the amount payable to a member
under division (G) of section
742.37 of the Revised
Code.

(c) Regarding
an offender who is a member of the state teachers retirement system, except as
otherwise provided in division (F)(3)(c) of this section, "accumulated
contributions" has the same meaning as in section
3307.50 of the Revised Code. For a
member participating in an STRS defined contribution plan, "accumulated
contributions" means the contributions made under section
3307.26 of the Revised Code to
participate in a plan established under section
3307.81 of the Revised Code and
any earnings on those contributions. For a member participating in a STRS
defined contribution plan that includes definitely determinable benefits,
"accumulated contributions" means the contributions made under section
3307.26 of the Revised Code to
participate in a plan established under section
3307.81 of the Revised Code, any
earnings on those contributions, and additionally any amounts paid by the
member to purchase service credits.

(d)
Regarding an offender who is or was a member of the school employees retirement
system, "accumulated contributions" has the same meaning as in section
3309.01 of the Revised Code and
also includes employee contributions made under section
3309.85 of the Revised Code and
any earnings on those contributions.

(e)
Regarding an offender who is or was a member of the state highway patrol
retirement system, "accumulated contributions" has the same meaning as in
section 5505.01 of the Revised
Code.

(f) Regarding
an offender who is or was participating in an alternative retirement plan,
"accumulated contributions" means the amounts contributed to an alternative
retirement plan participant's account by the plan participant pursuant to
section 3305.06 of the Revised Code and
any earnings on those contributions.